Molisani v. State

Full title: MOLISANI v. THE STATE

Court: Court of Appeals of Georgia

Date published: May 6, 1977

235 S.E.2d 658 (Ga. Ct. App. 1977)

235 S.E.2d 658

Opinion

53755.

SUBMITTED APRIL 5, 1977.

DECIDED MAY 6, 1977.

Kidnapping. Chatham Superior Court. Before Judge Cheatham.

Brannen, Wessels Searcy, Charles H. Wessels, for appellant.

Andrew J. Ryan, III, District Attorney, Robert M. Hitch, III, Assistant District Attorney, for appellee.

BELL, Chief Judge.

The defendant was indicted for simple kidnapping and convicted. Held:

1. Evidence was admitted over objection relating to the demand for and the payment of ransom. The defendant's objection was that since he was indicted only for the lesser crime of simple kidnapping and not for the greater offense of kidnapping for ransom, this evidence was immaterial to the issue. See Code § 26-1311. The sole evidence linking the defendant with the crime charged consisted of his participation in the pick-up of the ransom money. This evidence was properly admitted as it tended to identify defendant as a party to the crime charged and was part of the res gestae. Cox v. State, 165 Ga. 145 ( 139 S.E. 861).

2. The evidence authorized the conviction.

Judgment affirmed. McMurray and Smith, JJ., concur.

SUBMITTED APRIL 5, 1977 — DECIDED MAY 6, 1977.